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Waldzweisamkeit - End User License Agreement
End User License Agreement
1. Introduction
1.1 Acceptance of Terms
By installing, accessing, or using the Waldzweisamkeit software, including any updates, patches, or expansions thereto (collectively, the "Game"), you agree to be bound by the terms and conditions of this End User License Agreement ("EULA") between you and anper.gamestudio. If you do not agree to the terms of this EULA, do not install, access, or use the Game.
1.2 Changes to the Agreement
anper.gamestudio reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Game after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Game.
2. License Grant
2.1 Personal and Non-Commercial Use
Subject to your compliance with the terms and conditions of this EULA, anper.gamestudio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Game for your personal, non-commercial use on devices that you own or control. You may not use the Game for any other purpose, or in connection with any commercial activities.
2.2 Restrictions on Use
Except as expressly permitted in this EULA, you may not, and you may not permit others to:
a) Copy, reproduce or distribute the Game; b) Sell, rent, lease, sublicense, or otherwise transfer or distribute the Game to any third party; c) Modify, adapt, translate, or create derivative works based on the Game; d) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Game, except as permitted by applicable law; e) Remove or alter any copyright, trademark, or other proprietary notices on the Game; and f) Use the Game for any illegal or unauthorized purpose, or in a manner that violates applicable laws and regulations;
3. Ownership and Intellectual Property Rights
3.1 Game Ownership
All rights, title, and interest in and to the Game (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and the anper.gamestudio game clients and servers) are owned by anper.gamestudio or its licensors. The Game is protected by United States and international laws, including copyright, trademark, trade secret, and other intellectual property laws. Except for the limited license granted to you in Section 2, anper.gamestudio reserves all rights in and to the Game.
3.2 Trademarks and Copyrights
The Waldzweisamkeit name, the anper.gamestudio logo, and other anper.gamestudio trademarks, service marks, graphics, and logos used in connection with the Game are trademarks of anper.gamestudio in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Game may be the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks is strictly prohibited.
4. Termination
4.1 Termination by You
You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control.
4.2 Termination by anper.gamestudio
anper.gamestudio may terminate this EULA, and/or suspend or terminate your access to the Game, in whole or in part, at any time, with or without notice, for any reason or no reason, including but not limited to your violation of this EULA or any applicable law, rule, or regulation.
4.3 Effect of Termination
Upon termination of this EULA, your license to use the Game will immediately cease, and you must promptly uninstall the Game and destroy all copies of the Game in your possession or control. Sections 3 (Ownership and Intellectual Property Rights), 6 (Warranty Disclaimer), 7 (Limitation of Liability), and 8 (General) will survive the termination of this EULA.
5. Warranty Disclaimer
THE GAME IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANPER.GAMESTUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANPER.GAMESTUDIO DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANPER.GAMESTUDIO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANPER.GAMESTUDIO OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE GAME, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANPER.GAMESTUDIO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN THE GAME.
7. Indemnification
You agree to indemnify, defend, and hold harmless anper.gamestudio, its affiliates, licensors, and suppliers, and their respective directors, officers, employees, and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Game, your breach of this EULA, or your violation of any rights of any third party.
8. Governing Law and Dispute Resolution
8.1 Governing Law
This EULA and any dispute arising out of or relating to it will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles.
8.2 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Stuttgart, before a single arbitrator. The arbitration shall be administered by German Institution of Arbitration (DIS) pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
9. General
9.1 Entire Agreement
This EULA constitutes the entire agreement between you and anper.gamestudio concerning the Game and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter.
9.2 Amendment
anper.gamestudio reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, anper.gamestudio will provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Game after any such changes constitutes your acceptance of the new EULA.
9.3 Severability
If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall remain in full force and effect.
9.4 Waiver
No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
End User License Agreement
1. Introduction
1.1 Acceptance of Terms
By installing, accessing, or using the Waldzweisamkeit software, including any updates, patches, or expansions thereto (collectively, the "Game"), you agree to be bound by the terms and conditions of this End User License Agreement ("EULA") between you and anper.gamestudio. If you do not agree to the terms of this EULA, do not install, access, or use the Game.
1.2 Changes to the Agreement
anper.gamestudio reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Game after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Game.
2. License Grant
2.1 Personal and Non-Commercial Use
Subject to your compliance with the terms and conditions of this EULA, anper.gamestudio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Game for your personal, non-commercial use on devices that you own or control. You may not use the Game for any other purpose, or in connection with any commercial activities.
2.2 Restrictions on Use
Except as expressly permitted in this EULA, you may not, and you may not permit others to:
a) Copy, reproduce or distribute the Game; b) Sell, rent, lease, sublicense, or otherwise transfer or distribute the Game to any third party; c) Modify, adapt, translate, or create derivative works based on the Game; d) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Game, except as permitted by applicable law; e) Remove or alter any copyright, trademark, or other proprietary notices on the Game; and f) Use the Game for any illegal or unauthorized purpose, or in a manner that violates applicable laws and regulations;
3. Ownership and Intellectual Property Rights
3.1 Game Ownership
All rights, title, and interest in and to the Game (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and the anper.gamestudio game clients and servers) are owned by anper.gamestudio or its licensors. The Game is protected by United States and international laws, including copyright, trademark, trade secret, and other intellectual property laws. Except for the limited license granted to you in Section 2, anper.gamestudio reserves all rights in and to the Game.
3.2 Trademarks and Copyrights
The Waldzweisamkeit name, the anper.gamestudio logo, and other anper.gamestudio trademarks, service marks, graphics, and logos used in connection with the Game are trademarks of anper.gamestudio in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Game may be the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks is strictly prohibited.
4. Termination
4.1 Termination by You
You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control.
4.2 Termination by anper.gamestudio
anper.gamestudio may terminate this EULA, and/or suspend or terminate your access to the Game, in whole or in part, at any time, with or without notice, for any reason or no reason, including but not limited to your violation of this EULA or any applicable law, rule, or regulation.
4.3 Effect of Termination
Upon termination of this EULA, your license to use the Game will immediately cease, and you must promptly uninstall the Game and destroy all copies of the Game in your possession or control. Sections 3 (Ownership and Intellectual Property Rights), 6 (Warranty Disclaimer), 7 (Limitation of Liability), and 8 (General) will survive the termination of this EULA.
5. Warranty Disclaimer
THE GAME IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANPER.GAMESTUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANPER.GAMESTUDIO DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANPER.GAMESTUDIO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANPER.GAMESTUDIO OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE GAME, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANPER.GAMESTUDIO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN THE GAME.
7. Indemnification
You agree to indemnify, defend, and hold harmless anper.gamestudio, its affiliates, licensors, and suppliers, and their respective directors, officers, employees, and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Game, your breach of this EULA, or your violation of any rights of any third party.
8. Governing Law and Dispute Resolution
8.1 Governing Law
This EULA and any dispute arising out of or relating to it will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles.
8.2 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Stuttgart, before a single arbitrator. The arbitration shall be administered by German Institution of Arbitration (DIS) pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
9. General
9.1 Entire Agreement
This EULA constitutes the entire agreement between you and anper.gamestudio concerning the Game and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter.
9.2 Amendment
anper.gamestudio reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, anper.gamestudio will provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Game after any such changes constitutes your acceptance of the new EULA.
9.3 Severability
If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this EULA shall remain in full force and effect.
9.4 Waiver
No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition.